Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-06-17
'NFoR NATION
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OWNERS AND LOcAToRs
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MI 4 III ES
APPLICATION TOR pArryr

R.gis,asP speIs nave once been fled with +,
sna receiver they become a ~. ts
,etnrned bn ~ can neither be Withdraw
eral Land Once. 70 the Gen
nPPAieation VIII be rejected when n.
scrlption OF the premises is erroneou' we
Application for patent wil, ha
cause: rejected b.
First The notice was published w,n
knowledge Of the Register. "i'noutA
oeoono-ih notice was not published,
Newspaper designated as published nearss,s.
Third-Record title was found a.,...
and ~ oaAo defective,
Fourth--A previous application h.,
maoe Ior the same premises, which =. pwn
drawn psnding q suit in Court commsn.xtn.
the adverse claimant. eneedb By
An application for patent will ~
when the survey does not accursta,r lssleetd
boundaries OF the claim, uenlens
Where the c!sin was not lecated IN -.
ance with law. %en.
Where several parties own separate AL.
tnc. portions OF q claim. applicatia -
patent may be made by either for III AT ne
OF the claim owned by him: but whers s~sa
parties OWL undivided interests in . m
claim all should join In an spplica.ion1 a %A
patent. WI
A person or association may pu,os....
many placer locations 90 the local law ..S@sn
and embrace them all In one apnIics,n sa9lu,
patent.
Two or more lodes cannot be smbr.,...
one application for q patent except 10, nIsaM
claims embracing two or more lodes w I'M
their boundaries "iaia
Papers sworn TO before any person nn,no,,
ing to set as g deputy for the Rerister .nt py ps
| celyer cannot be recorded a. evidence :"
In all patents for mining claims s,,r.,.a
within the interior boundaries Of 4 town a;,s
Q clsusei Is Inserted excepting and excluding
i all knun nronarty rfnht. AuAih6
and all houses, buildings, structures 49,
blocks, streets, alleys or other municinsl In
provements not belonging 70 the GRANTEE hs.a
in, and all rights necessary or prope, ~ ~.
occupation, possession and enjoyment Of ths
same"
Publication of notice must be made ,o,,.
one newspaper for the period of GO DAYS '
Notice must be published 10 eonsscptvs
weeks in weekly newspapers, and In daily
newspapers &C days must elspse between ~
first and last insertions.
Where the Register designates the dsilyissu
of 9 newspaper fer publication Of notices Of a
mining application for patent 1t lie not ! com.
pltAnce with law to change to the weekly adj.
tion of the same paper without authority Of
the Register.
The existence Of 8 salt spring on q tract Of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose VI proving the agricultural
character Of such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
1t Ia alleged conflicts with the premises oyned
by such adverse claimant.
The papers In an adverse claim, once fled,
cannot be Withdrawn, but becomes q part Of the
record.
When an adverse claim has been filed 1! can.
not be amended so as to embrace q larger pr.
ton OF the premises than that described In tls
original adverse claim.
An adverse claim must be made ont 10
proper form and hled In the proper local Office
during the period OF publication Of the appl.
cation for the patent TO be effective.
1t 10 the duty OF the adverse claimant 0
commence suit in proper form within he r.
CURED time, and IL he trusts The uncertain
medium Of the United States mail b, must
abide the consequences, should the cH
ensue, through misfortune or accident. Should
the failure to commence suit be the resasd
the corrupt or dishonest action Of his s~ttsrnsI,
the Interior Department cannot redress TIE
wrong.
An adverse claimant should set forth In 10
tail the facts upon which he bases HIS sdyerss
claim. A statement in general terms, emboiy.
ing conclusions of law, without Stating the
facts specially, will not be considered In eh
dence.
An adverse claimant should show q eompl.
ance with the local laws in recording his claim
and In regard to expenditures, and shall hle,
copy OF the original notice OF his location, sua
show the nature or extent OF the conne'
alleged.
An allegation OF parties TO & suit that thJ
compose the company 10 sufficient, and they
are not required to prove that they are ihs
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is OF little, If any value, for sgr.
cultural purposes, but Is essential to the
proper development Of mining claims, II
should be disposed Of under the Mining Act
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled 81 any time
prior to issuance of patent, upon satisfactory
evidence OF the existence of such valuable DE-
posfts. =.
Where ysluable deposits of mineral sre dis
| covered upon q tract sitter the samt fss oeen
entered as agricultural, but before ! stent hss
been issued, the parties claiming the mine
may make application for patent for same
and the agricultural entry will be Cancelled :,
thai portion Of the land embraced By sna
mining claim. -.
Where mineral deposits are discovered on
agricultural and after the patent has beea
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot DO
ceived in payment for claims.
ALIENS.
A foreigner may make a mining location
dispose OF It. provided he becomes . cn.sn a
before disposing OF the mine. PROOF Inss ~ ns
party was not q citizen before disposinso OF h'
claim must be afirmstively shown. Az.
Locators and intermediate owners, v'ns'
than applicants, will not be presumed AnenS,
in the absence OF allegation or ~obJecuon PRIV
to issuance of patent. n.n
III portion of a mining claim sofa ~ss
alien cannot be patented while such o"no.
an alien; but on hts declArstionj Q o royh
citizen his right dates back to Dis ststes
aud he may thereupon secure unl'su
patent for his claim.
CROSS LEDoEs.
Revised Statutes. Section 1885: ,-,..aAet
Where two or more lodges cross or NV and
each other, priority Of title shall eose' ii ore
such prior location shall be entitled " ,rter.
or mineral eontsined within the spsoeoa have
section. but the subsequent location " ,nter.
the right of way through the spscosnient
section for the purpose OF the ~ rore
working Of the mine. And where two1 .hsll
veins unite the oldest or prior iocs'vI IN.
take the vein below the point on UNIV
Guiding all The space of intersection
There is no authority of law Tor luton
location 5000 by 1, 800 feet. A proper
Is the width of the tunnel for 3,ooo ieo, tnQ
There 10 no provision OF law for ps 'n nm.
tunnel locstions, but lodes disooVslou manner